Clarke v. Canada (Minister of Citizenship and Immigration), (1998) 147 F.T.R. 259 (TD)

• Judge: MacKay, J.
• Court: Federal Court (Canada)
• Case Date: May 04, 1998
• Jurisdiction: Canada (Federal)
• Citations: (1998), 147 F.T.R. 259 (TD)

Clarke v. Can. (M.C.I.) (1998), 147 F.T.R. 259 (TD)

MLB headnote and full text

Temp. Cite: [1998] F.T.R. TBEd. JN.011

Lloyd Charles Clarke (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-3009-97)

Indexed As: Clarke v. Canada (Minister of Citizenship and Immigration)

Federal Court of Canada

Trial Division

MacKay, J.

May 7, 1998.

Summary:

Clarke applied for a stay of execution of a removal order. At issue was whether the execution of a removal order during the continuance of a sentence of probation imposed on Clarke following a conviction for a criminal offence would be contrary to s. 50 of the Immigration Act.

The Federal Court of Canada, Trial Division, granted a stay of the removal order pending a determination of Clarke's application for judicial review or pending a negative determination by the Court of Appeal of a question which was certified on the issue in another case.

Aliens - Topic 1798

Exclusion and expulsion - Deportation of persons in Canada - Deportation order - Execution precluded where another judicial order would be violated - Clarke applied for a stay of execution of a removal order - At issue was whether the execution of a removal order during the continuance of a sentence of probation imposed on Clarke following a conviction for a criminal offence would be contrary to s. 50 of the Immigration Act - The Federal Court of Canada, Trial Division, applied the reasoning in Cuskic v. Canada (Minister of Citizenship and Immigration) (F.C.T.D.) and held that the execution of the removal order would result in the contravention of the probation order and would be in violation of s. 50 of the Act - The court granted a stay of the removal order pending a determination of Clarke's application for judicial review or pending a negative determination by the Court of Appeal of the question which was certified on the issue in Cuskic.

Aliens - Topic 1800

Exclusion and expulsion - Deportation of persons in Canada - Deportation or removal order - Stay of - [See Aliens - Topic 1798 ].

Cases Noticed:

Cuskic v. Canada (Minister of Citizenship and Immigration) (1997), 130 F.T.R. 232 (T.D.), folld. [para. 12].

Statutes Noticed:

Immigration Act, R.S.C. 1985, c. I-2, sect. 50 [para. 2].

Counsel:

Munyonzwe Hamalengwa, for the applicant;

Brian Frimeth, for the respondent.

Solicitors of Record:

Munyonzwe Hamalengwa, North York, Ontario, for the applicant;

George Thomson, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard in Toronto, Ontario, on May 4, 1998, before MacKay, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on May 7, 1998.